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Case Law Details

Case Name : In re Mosaic India Pvt. Ltd. (Authority For Advance Riling)
Appeal Number : Advance Ruling No. GST-ARA-32/2017-18/B-40
Date of Judgement/Order : 25/05/2018
Related Assessment Year :
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In re Mosaic India Pvt. Ltd. (GST AAR Maharashtra)

We find that the application has been made with reference to classification dispute in respect of the subject goods and the similar issue of applicant is a matter of dispute in the various forums of the department under the earlier Central Excise and Customs regime as per details given by the jurisdictional officer in his submissions.

Further we find that the applicant himself, also, during the course of hearing before this authority has admitted and confirmed that their import consignments are being provisionally assessed under the Customs Act after coming into effect of GST for classification of subject goods which is the same issue that has been raised by them in this application before us.

Under Section 98(2) of CGST Act, 2017 Advance Ruling Authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act

In view of admission by the applicant at the time of Personal Hearing that in the present GST regime also, their import consignments have been provisionally assessed for classification and accordingly, applicability of Customs duty and IGST on the same, their application is liable for rejection as per proviso to section 98 (2) of the CGST Act referred above and therefore cannot be entertained by this authority and is accordingly rejected.

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